(a) Whenever under this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the court shall appoint the commissioner as ancillary receiver. The commissioner shall file a petition requesting the appointment on the grounds set forth in Section 27-32-10:
(1) If he finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or
(2) If 10 or more persons, resident in this state, having claims against such insurer, file a petition with the commissioner requesting the appointment of such ancillary receiver.
(b) The domiciliary receiver, for the purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested by operation of law with the title to all of the property, contracts, and rights of action and all of the books and records of the insurer located in this state, and he shall have the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this state. He shall also be entitled to recover the other assets of the insurer located in this state; except, that upon the appointment of an ancillary receiver in this state, the ancillary receiver shall during the ancillary receivership proceedings have the sole right to recover such other assets. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. All remaining assets he shall promptly transfer to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this state.
(c) The domiciliary receiver of an insurer domiciled in a reciprocal state may maintain an action in this state to recover any assets of such insurer to which he may be entitled under the laws of this state.
Structure Code of Alabama
Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.
Section 27-32-1 - Definitions.
Section 27-32-2 - Purpose of Chapter; Construction Thereof.
Section 27-32-3 - Delinquency Proceedings - Jurisdiction; Venue; Appeal.
Section 27-32-4 - Delinquency Proceedings - Commencement; Grant or Denial of Application.
Section 27-32-5 - Injunctions and Restraining Orders.
Section 27-32-6 - Grounds - Rehabilitation of Domestic Insurers.
Section 27-32-7 - Grounds - Liquidation of Domestic or Alien Insurers.
Section 27-32-8 - Grounds - Conservation of Assets - Foreign Insurers.
Section 27-32-9 - Grounds - Conservation of Assets - Alien Insurers.
Section 27-32-10 - Grounds - Ancillary Liquidation of Foreign Insurers.
Section 27-32-11 - Orders - Rehabilitation of Domestic Insurers.
Section 27-32-12 - Orders - Liquidation - Domestic Insurers.
Section 27-32-13 - Orders - Liquidation - Alien Insurers.
Section 27-32-14 - Conservation or Liquidation of Property.
Section 27-32-15 - Conduct of Delinquency Proceedings - Domestic and Alien Insurers.
Section 27-32-16 - Conduct of Delinquency Proceedings - Foreign Insurers.
Section 27-32-17 - Claims in Delinquency Proceedings - Nonresidents Against Domestic Insurers.
Section 27-32-18 - Claims in Delinquency Proceedings - Residents Against Foreign Insurers.
Section 27-32-19 - Claims in Delinquency Proceedings - Form; Time; Notice and Hearing; Order.
Section 27-32-20 - Claims in Delinquency Proceedings - Priorities.
Section 27-32-21 - Attachment, Garnishment, and Execution.
Section 27-32-22 - Uniform Insurers Liquidation Act.
Section 27-32-23 - Deposit of Moneys Collected.
Section 27-32-24 - Exemption of Commissioner From Fees.
Section 27-32-25 - Loans to Facilitate Rehabilitation, etc., of Insurer.
Section 27-32-26 - Fixation of Rights and Liabilities on Liquidation of Insurer.
Section 27-32-27 - Voidable Transfers and Liens.
Section 27-32-28 - Priority of Compensation Owing Employees of Insurer.
Section 27-32-29 - Setoff of Credits and Debts.
Section 27-32-30 - Claims Upon Liquidation of Insurer - Allowance.
Section 27-32-31 - Claims Upon Liquidation of Insurer - Time to File.
Section 27-32-32 - Assessments - Commissioner's Report.
Section 27-32-33 - Assessments - Levy.
Section 27-32-34 - Assessments - Order to Pay - Generally.
Section 27-32-35 - Assessments - Order to Pay - Publication and Service.
Section 27-32-36 - Assessments - Order to Pay - Judgment.
Section 27-32-37 - Priority of Claims of Policyholders and Beneficiaries - Established.
Section 27-32-38 - Priority of Claims of Policyholders and Beneficiaries - Payment of Claims.
Section 27-32-39 - Priority of Claims of Policyholders and Beneficiaries - Reinsuring of Policies.
Section 27-32-41 - Priority of Claims of Policyholders and Beneficiaries - Liability of Receiver.